Subsequent decision by authority cannot be used to deprive an employee from his rightful promotion benefits: Patna HC

Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. seized of a civil writ petition pertaining to effective date for grant of promotion benefits, ruled that an authority that delays decision on promotion benefits could not rely on a subsequent circular to deny promotion benefits to the petitioner.

The grievance of the petitioner in the instant writ petition revolves around the effective date for grant of promotion benefits to him. Learned counsels for the petitioner – Mr Sharda Nand Mishra and Mr Dhananjay Kumar Gupta – submitted that the petitioner had completed 24 years of service on 11-04-2009, but he was granted benefit of promotion with effect from 04-03-2014.

Learned counsel appearing on behalf of the respondent – Mr Shilpi Keshri – submitted that in terms of an amended circular, petitioner was entitled to benefits with effect from 04-03-2014.

The Court opined that as per existing norms, petitioner was entitled to grant of promotion on completion of 24 years on 11-04-2009. It was due to lapse on respondent’s part that decision in that regard was not taken timely. Having defaulted in timely disposal of their duties, respondent could not deny benefit to petitioner on the ground that a new circular had come into place in the meantime. It was held that the petitioner was entitled to promotion benefits effective from 04-03- 2014.

The petition was allowed and respondent was directed to take to take necessary decision for grant of all consequential benefit to petitioner at the earliest, preferably within a maximum period of four months from the date of receipt of a copy of present order. [Vivekanand Singh v. State of Bihar,2018 SCC OnLine Pat 2157, decided on 03-12-2018]

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